AP-76,884 JOHNSON, EX PARTE BEULAH FROM JEFFERSON COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of forgery and was sentenced to three years’ imprisonment.
In her writ application, Applicant contends, inter alia, that her sentence is not authorized by law. She argues the convictions used to enhance the punishment range were not sequential because the second previous offense occurred before and not after the first previous conviction had become final. See Tex. Penal Code § 12.42(a)(2). The convicting court agrees and recommends that relief be granted. After an independent review of the record provided to this Court, we agree with the convicting court’s recommendation. Continue reading
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09-12-00110-CR Darrell Wayne Hal a/k/a Darrell Wayne Hall v. The State of Texas–Appeal from 252nd District Court of Jefferson County – Pub.

In carrying out plea-bargain agreements in two separate cases,[1] Darrell Wayne Hal a/k/a Darrell Wayne Hall pled guilty to charges of having burglarized habitations. See Tex. Penal Code Ann. § 30.02(a)(1), bargain agreements in each of the cases, the trial court deferred the adjudication of Hal’s guilt, placing Hal on community supervision for six years.
Subsequently, the State filed motions to revoke the trial court’s community supervision orders. Each motion to revoke alleges that Hal violated the terms of the trial court’s community supervision order. In both cases, Hal pled true to violating one of the terms he was required to follow while on community supervision. After conducting an evidentiary hearing, the trial court found that Hal violated conditions established under each of the respective community supervision orders. In each of the cases, the trial court found Hal guilty of burglarizing a habitation and assessed a sentence of twenty years in prison. Additionally, the trial court ordered that Hal’s sentences were to run consecutively. See Tex. Code Crim. Proc. Ann. arts. 42.01, § 1(19), 42.08 (West Supp. 2012). Continue reading
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09-12-00069-CR Derek Scott Marshall a/k/a Derek Marshall v. The State of Texas–Appeal from 252nd District Court of Jefferson County

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-12-00069-CRNO. 09-12-00070-CRNO. 09-12-00071-CRNO. 09-12-00072-CR____________________

adjudication community supervision and adjudicating his guilt in four offenses: one
offense of burglary of a habitation (a habitual felony offender) (cause number 10-08776),
and three offenses of burglary of a building enhanced by prior felony convictions (cause Continue reading
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09-12-00067-CR Tyler Gentry Utkov a/k/a Tyler G. Utkov v. The State of Texas–Appeal from 252nd District Court of Jefferson County – Pub.

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-12-00067-CR____________________

Utkov to fifteen years in prison. In three appellate issues, Utkov challenges the
sufficiency of the evidence and the trial court’s limitation of cross-examination. We
affirm the trial court’s judgment.

Background

The State alleged that Utkov committed indecency with a child against J.M. J.M.’s mother, F.T., was a friend of Utkov’s, and she testified that she trusted Utkov around her children. J.M. testified that, when F.T. was away from home on one occasion, Utkov tried to kiss J.M.’s mouth and touched her private parts with his hand. She testified that Utkov told her not to tell anyone, but that she eventually told her aunt. At the time of the offense, J.M. was seven years old. Christy Hawthorne, a registered nurse, examined J.M., and J.M. told Hawthorne that Utkov touched her vaginal area, rubbed her thigh, moved her clothing, and kissed her. Hawthorne testified that she found nothing unusual during the exam, but she did not expect to find anything in light of the history given by J.M. Continue reading
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09-11-00622-CR Mark S. Moore a/k/a Mark Steven Moore v. The State of Texas–Appeal from 252nd District Court of Jefferson County – Pub.

In carrying out a plea-bargain agreement, Mark S. Moore a/k/a Mark Steven Moore pled guilty to burglary of a habitation, which was then enhanced to a first-degree felony because of a prior felony conviction. See Tex. Penal Code Ann. § 12.42(b) (West Supp. 2012),[1] §30.02(a)(3),(c)(2)(West 2011). Under the terms of Moore’s plea-bargain agreement, the trial court deferred further proceedings, and instead, placed Moore on community supervision for seven years. Continue reading
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09-11-00609-CR Loroan Charles Foster v. The State of Texas–Appeal from 1A District Court of Newton County

In accordance with a plea bargain agreement, Loroan Charles Foster[1] entered a plea of guilty to the offense of possession of a controlled substance, and the trial court found Foster guilty and assessed punishment at ten years confinement, probated for six years, and assessed a fine of $3,000. The State subsequently filed a motion to revoke Foster’s community supervision. At the hearing on the motion to revoke, Foster pled not true to the alleged violations. After hearing evidence, the trial court found the . allegations in the State’s motion to revoke true. The trial court found that Foster violated the terms of his community supervision order, revoked Foster’s community supervision, and imposed a sentence of seven years of confinement. Continue reading
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09-11-00452-CR Martin Wayne Segeada v. The State of Texas–Appeal from 128th District Court of Orange County – Pub.

Martin Wayne Segeada appeals his conviction for the state jail felony offense of theft. See Tex. Penal Code Ann. § 31.03(e)(4)(D) (West Supp. 2012)[1] (value of property less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft). The jury assessed a punishment of two years in a state jail facility and a $10,000 fine. Segeada challenges the sufficiency of the evidence supporting the jury’s findings, and he claims the State exercised one of its peremptory strikes in a discriminatory manner. We hold the evidence is sufficient to support the verdict, and we conclude the trial court did not abuse its discretion in denying Segeada’s challenge to the State’s use of its peremptory strike. Accordingly, we affirm the trial court’s judgment. Continue reading
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09-11-00451-CR John Randall Hickman v. The State of Texas–Appeal from 221st District Court of Montgomery County – Pub.

John Randall Hickman challenges the sufficiency of the evidence supporting judgments of conviction and concurrent two-year state jail sentences on his two convictions, one for criminal mischief and the other for theft of wire or cable.[1] Because the evidence is sufficient to show that Hickman was a party to the two offenses on which he was found guilty, we affirm the trial court’s judgments.
We review a challenge to the legal sufficiency of the evidence in the light most favorable to the verdict to determine if a rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); see also Brooks v. State, 323 S.W.3d 893, 89495 (Tex. Crim. App. 2010). In reviewing the evidence, we give deference to the jury’s responsibility to resolve any conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from facts. See Williams v. State, 235 S.W.3d 742, 750 (Tex. Crim. App. 2007). Continue reading
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09-11-00267-CR Luis Enrique Rivera v. The State of Texas–Appeal from 221st District Court of Montgomery County – Pub. – Dissent.

Luis Enrique Rivera appeals his conviction for capital murder. See Tex. Penal Code Ann. § 19.03(a)(2) (West Supp. 2012).[1] Rivera, along with Luis Antonio Menendez, were indicted for the murder of Pedro Rodriguez, committed in the course of robbing Jaime Gonzalez. Rivera raises several issues in his appeal, contending (1) the trial court denied his federal and state rights of confrontation by allowing an active-duty soldier to testify by live videoconference, and (2) his sentence to life without parole violates various provisions found in the constitutions of the United States and State of Texas. Finding no error, we affirm the judgment. Continue reading
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09-11-00086-CR Rodney Keith Hazlip v. The State of Texas–Appeal from 221st District Court of Montgomery County – Pub.

Rodney Keith Hazlip raises three issues in an appeal of his conviction for driving while intoxicated, a felony. See Tex. Penal Code Ann. §§ 49.04, 49.09 (West Supp. 2012).[1] First, he contends that the trial court abused its discretion by failing to hold a competency hearing just before jury selection and by failing to make an inquiry regarding his competency after a psychologist testified at his trial. In his second issue, Hazlip complains that his conviction rests on unreliable evidence because the trial court erroneously admitted an expert’s estimate of his blood-alcohol level, which the expert related to the time Hazlip was driving. In issue three, Hazlip complains of charge error, asserting the trial court erred by failing to include a beyond-a-reasonable-doubt instruction in the punishment portion of the charge. Continue reading
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06-12-00019-CR Kenneth Faris v. The State of Texas–Appeal from 3rd District Court of Anderson County

jury returned its verdict that Kenneth Faris was guilty of indecency with a child by contact, see TEX. PENAL CODE ANN. § 21.11(a)(1) (West 2011), Faris and the State reached an agreement whereby Faris would waive his right to appeal the jury’s finding of guilt in exchange for the State’s agreement not to argue for prison time for Faris. As a result, the State recommended community supervision, and the jury assessed a sentence of two years, probated. The trial court sentenced Faris accordingly. Faris now appeals, alleging trial court error in submitting an early Allen2 charge to the jury during the guilt/innocence phase of trial and regarding the State’s efforts to gain admission of certain evidence at all phases of trial. Because Faris’ waiver of a right to appeal the verdict of guilt is enforceable and no error was preserved regarding the admission of evidence during the punishment phase of trial , we affirm the trial court’s judgment. Continue reading
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05-12-00691-CR Barnett, Kathryn Kay v. The State of Texas

Before Chief Justice Wright and Justices Bridges and Myers

Appellant has filed a motion to dismiss the appeal. Appellant’s counsel has approved the motion. The Court GRANTS the motion and ORDERS that the appeal be DISMISSED and this decision be certified below for observance. See Tex. R. App. P. 42.2(a).
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05-12-00219-CR Aguilar, Angel v. The State of Texas

Before Justices Bridges, Richter, and Lang

Opinion By Justice Lang

Angel Aguilar waived a jury and pleaded guilty to delivery of heroin in an amount of four grams or more but less than 200 grams and possession with intent to deliver heroin in an amount of four grams or more but less than 200 grams. See Tex. Health & Safety Code Ann. § 481.112(a), (d) (West 2010). The trial court assessed punishment at eight years’ imprisonment and a $500 fine in each case. In three points of error, appellant contends the deadly weapon finding should be deleted in one case, and the judgments should be modified to show he entered open pleas. We modify the trial court’s judgments and affirm as modified. The background of the cases and the evidence admitted at trial are well known to the parties, and we therefore limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled. Continue reading
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04-11-00877-CR Antonio Aviles v. The State of Texas–Appeal from 226th Judicial District Court of Bexar County – Pub.

Appellant Antonio Aviles was charged with felony driving while intoxicated. After the trial court denied his motion to suppress, Aviles entered a plea of nolo contendere and was sentenced to two years confinement in the Texas Department of Criminal Justice Institutional Division. [1] On appeal, Aviles challenges the trial court’s denial of his motion to suppress, arguing the court erred by admitting into evidence his blood specimen because he was arrested
without a warrant, and his blood sample was obtained without consent and without a warrant. We affirm the trial court’s judgment. Continue reading
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04-11-00576-CR Dionicio Olivarez v. The State of Texas–Appeal from 227th Judicial District Court of Bexar County – Pub.

Appellant Dionicio Olivarez appeals the trial court’s order adjudicating him guilty and sentencing him to one-year confinement and a $1,200.00 fine. On appeal, Olivarez contends the trial court erred in granting the State’s motion to adjudicate and sentencing him to confinement in the absence of a finding that such actions would serve the best interest of society and Olivarez. We affirm the trial court’s judgment.

BACKGROUND

In 2007, appellant Dionicio Olivarez pled no contest to the offense of possession of a controlled substance under one gram. The plea was pursuant to a plea bargain agreement with the State. The trial court deferred a finding of guilt and placed appellant on community supervision for a term of three years. Less than two weeks before Olivarez’s community supervision was to end, the State filed a Motion to Enter Adjudication of Guilt and Revoke Community Supervision. In the motion, the State alleged, among other things, that Olivarez violated a condition of his community supervision by committing the offense of theft. Continue reading
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14-11-00635-CR Joey Edwards v. The State of Texas–Appeal from 179th District Court of Harris County

Appellant Joey Edwards appeals his jury conviction for aggravated sexual assault. The jury assessed an enhanced sentence of imprisonment for 40 years. We affirm.

BACKGROUND

Appellant went on a dinner date with a woman — the complainant — he had met earlier that day. The complainant drove both of them to dinner, and after the date, she drove appellant to his car. At some point during the trip to appellant’s car, appellant became sexually aggressive, but complainant responded that, I’m a lady. I’m not like that. When they arrived at appellant’s car, appellant brandished a handgun, forced complainant into the back seat of her own car, held her down, and had sex with her. Continue reading
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14-11-00434-CR Tiffany Nicole Pettis v. The State of Texas–Appeal from County Court at Law No 2 of Fort Bend County

In this appeal from a conviction for driving while intoxicated, appellant Tiffany Nicole Pettis asserts the trial court erred in denying her motions to suppress, in failing to make findings of fact and conclusions of law, and in failing to include an instruction regarding the legality of the traffic stop in the jury charge. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A police officer conducted a traffic stop of appellant’s vehicle, resulting in appellant’s warrantless arrest and the subsequent charge against appellant for driving while intoxicated. Appellant pleaded not guilty to the charged offense. Continue reading
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06-12-00041-CR Roderick Edward Latham v. The State of Texas–Appeal from 115th District Court of Upshur County

See TEX. PENAL CODE ANN. § 36.06 (West 2011). Latham pled guilty without a plea agreement, pled true to an enhancement, and signed a written stipulation of the evidence. The trial court found Latham guilty, found the enhancement to be true, and sentenced Latham to ten years’ confinement.
Latham’s attorney on appeal has filed a brief which discusses the record and reviews the proceedings in detail. He has set up several potential arguments and explained in detail why each fails to show a reversible error. Counsel has thus provided a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. This meets the requirements of Anders v. California, 386 U.S. 738 (1967); In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1981); and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978). Continue reading
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– Pub.

Before Justices Morris, Richter, and Lang-Miers Opinion by Justice Richter

Relator contends the trial court has failed to file and rule on two lawsuits he attempted to file. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator’s petition for writ of mandamus. Continue reading
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05-12-00276-CR Ramirez, Lewis Ansermo v. The State of Texas

Before Justices O’Neill, FitzGerald, and Lang-Miers

Opinion By Justice Lang-Miers

Lewis Ansermo Ramirez waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a knife. See Tex. Penal Code Ann. § 29.03(a) (West 2011). The trial court assessed punishment at ten years’ imprisonment. In two issues, appellant contends the trial court abused its discretion by sentencing him to imprisonment and the judgment should be modified to reflect the correct date of the offense. We modify the trial court’s judgment and affirm as modified. The background of the case and the evidence admitted at trial are well known to the parties, and we therefore limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled. In his first issue, appellant contends the trial court abused its discretion by sentencing him to imprisonment because the punishment violates the objectives of the penal code. Appellant asserts that because he did not plan the offense and “merely only acted on impulse,” he had never committed any crime prior to this offense, and he was a good candidate for probation, the trial court should not have assessed a ten-year prison term. The State responds that appe Continue reading
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